Emergency is Not in the Eye of the Beholder

OTTAWA — Cara Zwibel, Director of Fundamental Freedoms for the Canadian Civil Liberties Association (CCLA), made the following remarks today:

This week we have heard from federal officials but none have been able to back up the claim there was a national emergency as defined by the Emergencies Act.

We have argued from the very beginning there was no national emergency within the meaning of the law. Witnesses have now stated that the government declared an emergency using criteria found outside the confines of the definition of the Emergencies Act. The government’s position seems to be that it was entitled to do so. This is profoundly disturbing.

The government witnesses to date have admitted that the government did not feel bound by the plain language of the Emergencies Act. Their understanding of what constitutes a threat to national security was broader and included things the Act does not contemplate. In brief, to deal with a crisis, the government acted outside of the law.

National emergencies that authorize extraordinary powers cannot be in the eye of the beholder. The criteria for using the Emergencies Act is not suggestion – it is carefully prescribed law. The Commission has another full week of evidence to hear, but the evidence to date suggests it will be very hard for the government to meet its burden.

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About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.

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